# C_2008245EN.01002601.xml

| 26.9.2008 | EN | Official Journal of the European Union | C 245/26 |
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26.9.2008

EN

Official Journal of the European Union

C 245/26

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Prior notification of a concentration

(Case COMP/M.5251 — System Capital Management-Energies/Metinvest)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 245/06)

| 1. | On 17 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings System Capital Management Limited (‘SCM’, Cyprus) and Energees Investments Limited (‘Energees’, Cyprus) belonging to the SMART Group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings Metinvest BV (‘MIBV’, The Netherlands) and its subsidiaries Makeeva Metallurgical Plant (‘MMZ’, Ukraine) and Promet Steel JSC (‘Promet’, Bulgaria) by way of purchase of shares. |
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1.

On 17 September 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings System Capital Management Limited (‘SCM’, Cyprus) and Energees Investments Limited (‘Energees’, Cyprus) belonging to the SMART Group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings Metinvest BV (‘MIBV’, The Netherlands) and its subsidiaries Makeeva Metallurgical Plant (‘MMZ’, Ukraine) and Promet Steel JSC (‘Promet’, Bulgaria) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for SCM: production of metals and coal, |
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2.

The business activities of the undertakings concerned are:

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for SCM: production of metals and coal,

| — | for Energees: production of steel, |
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for Energees: production of steel,

| — | for MIBV: iron ore and coal mining, semi-finished and finished steel production, |
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for MIBV: iron ore and coal mining, semi-finished and finished steel production,

| — | for MMZ: production and sale of raw steel materials and manufacturing of downstream products in the steel sector, |
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for MMZ: production and sale of raw steel materials and manufacturing of downstream products in the steel sector,

| — | for Promet: production of downstream products in the steel sector. |
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for Promet: production of downstream products in the steel sector.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5251 — System Capital Management-Energies/Metinvest, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5251 — System Capital Management-Energies/Metinvest, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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